Law360, New York (September 01, 2005, 12:00 AM ET) -- In a case with wide implications for settlements of patent disputes in the drug industry, the U.S. Federal Trade Commission has asked the Supreme Court to hear its appeal of a decision by a federal appeals court that dismissed the agency’s complaints against Schering-Plough Corp.
In a March 2005 decision, the 11th Circuit Court of Appeals set aside an FTC order that barred Schering-Plough from settling an infringement suit with generic makers regarding the patented blood pressure drug K-Dur.